Mirna Selene Gil-Dominguez v. Merrick Garland

U.S. Court of Appeals for the Ninth Circuit

Mirna Selene Gil-Dominguez v. Merrick Garland

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 22 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT MIRNA SELENE GIL-DOMINGUEZ, No. 21-74

Petitioner, Agency No. A202-014-732 v.

MEMORANDUM MERRICK B. GARLAND, U.S. Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 12, 2022** Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

Mirna Selene Gil-Dominguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order denying her appeal from an immigration judge’s decision denying her application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Substantial evidence supports the agency’s conclusion that Gil- Dominguez failed to establish that she is more likely than not to face a threat to life or freedom on account of a protected ground. See 8 C.F.R. § 1208.16(b)(2); Tamang v. Holder, 598 F.3d 1083, 1091 (9th Cir. 2010) (“[T]he petitioner must show a ‘clear probability’ of the threat to life or freedom if deported to his or her country of nationality.”); see also id. at 1094 (claim of future persecution weakened when similarly-situated family members continue to live in the country without incident). Thus, her withholding of removal claim fails.

The temporary stay of removal remains in place until the mandate issues. The motion for a stay of removal is otherwise denied.

PETITION FOR REVIEW DENIED.

2

Reference

Status
Unpublished